High CourtsSingle Bench(2023) 09 KL CK 0095

M S Roshni vs State Of Kerala

High Court Of Kerala · Decided on 12 September 2023

HON’BLE JUDGES
Bechu Kurian Thomas, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 29747 Of 2023

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Judgment

7 paragraphs · 250 words

Bechu Kurian Thomas, J

1.

Petitioner the owner of various extent of lands. Petitioner alleges that she had filed an application in Form 5 under the Kerala Conservation of Paddy Land and Wetland Rules, 2008 (for short ‘the Rules’). Copy of the application submitted by the petitioner is produced as Ext.P6.

2.

According to her, though the application was filed on 15.12.2022, neither the report has been submitted by the Agricultural Officer nor has any decision been taken by the 3rd respondent.

3.

Form 5 application filed by the petitioner is a statutory application as per Rule 4(d) of the Rules. The competent authorities, therefore, have a legal duty to consider the said application in accordance with law within a reasonable time.

4.

Having heard Sri.Ajit G. Anjarlekar, learned counsel for the petitioner and Smt.Devishri R., learned Government Pleader, I am of the view that this writ petition can be disposed of with a direction to take a decision on Ext.P6 application in a time bound manner.

5.

Accordingly, there will be a direction to the 7th respondent (Agricultural Officer) to submit a report as contemplated under Rule 4(e) of the Rules within a period of 60 days from the date of receipt of a copy of this judgment. Pursuant to receipt of the said report, the 3rd respondent shall take a decision on Ext.P6 application within four months thereafter. The timelines specified above shall be strictly complied with by the respective officers.

The writ petition is disposed of accordingly.